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IN THE PERIOD BETWEEN those two partners meetings, Fiore gave Jackson an ugly task to perform. In revealing what had to be done, he said it was his intention to take care of it himself when various complaints about Helen Barone’s performance as office manager were brought to him, but that the political situation didn’t let him get around to it. Fiore felt extremely uncomfortable all along about removing Barone from her position—he knew this should never happen to an employee who has performed her job competently—but reasoned that for the good of the firm as well as himself, it was necessary for Scardino to know whether anyone was eager to stir up trouble in his absence. He also took reassurance in the fact that Barone would be offered another job at her same salary. Still, he knew he had to lay it on thick to get Jackson to act without questioning the decision.
“If her performance continues going downhill, it will affect how the lawyers and staff feel about you, Ed. When she screws things up, you’ll be blamed for it. Helen probably figures that the crap she’s pulled up to this point will be forgotten about because I’m not in charge any more. She must think it’s a new ballgame and that she’s got a lot more rope before anything gets back to you.
“But there’s no reason for you to get hurt by her. Just call her in and tell her you’ve decided to make a change. A new broom can sweep away whatever it wants. Offer her a job in accounts receivable instead. If I know Helen, there’s a good chance she’ll take it and I think she’ll be happy there.” Fiore wasn’t certain at all that Barone would agree to the new job assignment, but according to Scardino there was no opening to offer her and no new position was being created at that time. “Tell her she’ll keep her same salary and benefits,” he said.
Jackson couldn’t think of anything negative he heard about Barone. In fact it was his impression that she was well liked by the office staff she hired and the lawyers who needed her assistance once in a while. But he felt that Fiore had a better handle on what was going on and that he wouldn’t react well to being questioned about specifics.
“Who’s going to replace her?” he asked.
“Give Janice Rossman the job,” Doug said. Again, feeling guilty in what he was doing, he had to create a new set of facts for Jackson. “She proved she could handle things in the mail room. I understand she’s made a big difference in there, gets along with everyone and knows how to use her authority when she has to. It will be a good move for both you and the firm.” Fiore suspected that Jackson was unaware of the turnover in the mail room since Rossman was put in charge. He was right.
At 4:30 on the following Friday afternoon Jackson spoke to Barone. He gave her the weekend to decide whether to accept a transfer and work as an accounts receivable clerk. Sitting across from him, she cried and said she always thought seniority and good performance were worth something. “I’ve never been demoted before in my life,” she sobbed, blowing her nose several times. “This is like a slap in the face. If someone didn’t like the way I was doing my job, why wasn’t I told about it? This isn’t right. Mr. Fiore would never do this to me.”
Jackson didn’t know how to answer her. He wished now that he’d asked Fiore for some of the details, at least the highlights of how she had supposedly screwed up. But Fiore spoke of many complaints about her work, so he felt certain there were good reasons for the termination and was sure Doug wouldn’t risk having an age discrimination suit filed against the firm. Jackson waited until Barone composed herself and then walked partway down the corridor with her.
“Think about it,” he said.
On the following Monday morning he learned from Frankie Scardino that Barone had quit. “She said she’s not interested in working in accounts receivable,” Scardino reported. “I told her I’d let you know.” But he failed to tell Jackson that Barone asked to be considered for the opening as an assistant marketing director she knew Scardino was in the process of creating and would soon fill. Scardino had risked not telling Fiore about the position, correctly assuming that Doug would be too engaged in the race for governor to have office employment matters on his mind. Barone wanted Jackson to know she would wait at home several days for him to contact her.
Before the end of the week, Scardino circulated a memo about Helen Barone’s decision to retire from Walters, Cassidy & Breen after almost twenty-five years of service. There was no attempt to explain her sudden departure. “We all thank Helen for her many contributions to the firm and wish her well in the new career challenges she’s looking forward to,” the memo concluded.
Jackson certainly didn’t know that Janice Rossman celebrated her latest promotion in Room 118 of the Econo Motel that night. When she came out of the bathroom and got into bed next to Scardino, he put his arm around her and said, “I never had a blow job from an office manager before. I’m really looking forward to it.”
She sat up and looked at him lying there before moving down in the bed. “You’re gonna love it, Frankie, but I’m still saving a few tricks until you get me the top job in marketing.”
* * *
Now today Jackson had to meet with George Ryder and let him know where he stood. Fiore went over the latest computer printouts with Ed the day before, and called his attention to Ryder’s numbers. The first five months of the year showed 359 billable hours against the firm’s target number of 700 hours. He pointed out that in the prior year Ryder put in 1042 billables, just 61 percent of what was expected from him.
Fiore fully intended to have Jackson plunge the dagger into Ryder’s heart and force his resignation, but in such a way that Jackson would believe Doug did everything he could to keep Ryder from suffering that fate.
“At the rate he’s going now, he’ll finish with a max of 860 hours. I may be wrong, Ed, but I don’t think the partners feel we can afford to keep him on board with that kind of production. He got a wake-up call in January when we lowered his percentage share of the profits for this year. Either he doesn’t care, which I doubt, or he’s run dry on work. I know he lost some of his good clients, but that’s not just his problem, it’s the firm’s. The consultants I talk to emphasize that the recession has changed the way most law firms operate today, and that when business is bad you’ve got to take steps to make sure your financial picture stays in good order.”
Jackson was unaware of Ryder’s low billables. When he scanned the computer printouts, it was usually just to see who the top producers were and to verify that his own billable hours remained among the highest in the firm. His only concern was the bonus he’d receive for the hours he billed. “What should I tell him?” Jackson wanted to know.
Fiore got up, stuffed his hands in his pockets as he did so often and began pacing around the office as he spoke. “First of all, ask him what’s wrong. But do it in a nice way because he’s probably very depressed right now. See how much you can find out about the clients he’s got left and what work he’s absolutely sure will be coming in the rest of the year. If we think it’s not too late to save him, we just won’t make any recommendation to the Executive Committee about his situation. Tell George you know he’s not the first lawyer at WC&B to have this kind of setback. But be sure not to commit the firm either way in the event his billings force the partners to take some action.”
“That’s it?” Jackson asked. His voice indicated that he hoped the answer would be “Yes.”
“Not quite. I’d tell him you feel ridiculous doing it to a senior partner, but that your conversation with him is putting him on notice about his billables and that you’ll have to stick something in his file. You probably ought to make a little speech about the fact that life is different in law firms these days. George knows that many of the older partners don’t want to have to take home less money than what they’re used to. He felt the same way I did when a number of them proposed laying off a bunch of associates right after Christmas so there’d be more money available for bonuses and partner shares this year. We won that fight and kept every associate on the payroll, but we may not win every fight over money. Blame the younger partners too. They’re looking to make more every year and they resent carrying someone with a big salary who doesn’t produce at the same level. We can’t afford not to give them what they should get or we risk losing them to other firms. Make sure you give him the whole picture. At the end, of course, be sure he understands you’ll do everything you can to help.”
Jackson never heard of any lawyer at the firm being disciplined for low production, but, as usual, he figured that the managing partner knew more about it than he did. “What about Castillo?” Jackson asked. He was aware from his quick scan of the computer sheets that Castillo now ranked among the top six producers for the year. “He’ll be 300 hours over target this year at the rate he’s been going. Is he giving Ryder any work?”
“He does when he can,” Fiore lied. “I’ve talked to him about it a few times. A lot of his work is litigation oriented, and Ryder’s weak in that area. George told me he’s not confident in a courtroom because someone in the litigation department always handled that for him if the case got that far. Castillo likes to do the trial work himself.”
Fiore suddenly thought of another way to press the point. An old lie was coming to the aid of a new one. “Also, Paul’s a little afraid of letting Ryder get too close to some of his best clients. He told me he heard talk in the street that George was sending out resumes to other firms. That really disappoints me but it doesn’t surprise me if he thinks he sees the handwriting on the wall here. So I can’t blame Castillo for wanting to protect himself and hold on to what’s his. But he knows I want him to pass along any work he can. Listen, I can’t tell Castillo it’s his fault that Ryder is sitting on his hands all day. I’m sure he’s looking forward to a healthy bonus with the billables he’s putting in.” Fiore knew that Jackson would be very sympathetic to that kind of scenario.
From the moment he arrived at work that morning, Jackson felt uncomfortable about the pending conversation with Ryder. He sat at his desk, puffing away at his pipe. Dammit, he thought to himself, I’ve known George for thirty years. Being a guy’s partner used to mean something. There was a bond. If somebody got in trouble, the other partners did whatever it took to help him out. The main thing was for everyone to survive, not to leave anyone out in the cold. Even if Fiore’s right, that other big law firms don’t work that way anymore, why do we have to go along with it? To hell with what the goddam consultants say, why can’t we stay the way we’ve always been? He opened his top drawer and pulled out a pouch of tobacco. Before filling his pipe, he dialed his secretary and told her to ask Mr. Ryder to come to his office.
Dammit, he thought again, and then said it out loud.